Certain offices of the Borough shall be filled
by appointment unless otherwise specified; such appointments shall
be made by the Mayor, with the advice and consent of the Council,
including vacancies, which shall be for the unexpired term only. The
method of appointment shall be as provided in N.J.S.A. 40A:60-5 and
40A:60-6. The term for each office shall be as provided by statute
and Borough ordinances.
A.
Preamble. Due principally to the increased and increasing
complexities and demands upon the operation of government in the Borough
of Mendham, the Borough Council considers it to be in the best interests
of the Borough to create the Office of Borough Administrator generally
for the purpose of administering the day-to-day business affairs of
the Borough. The Borough Council also believes that such an office
would further its desire to improve services to the Borough citizens,
including expediting consideration of citizen complaints and requests
for information. Accordingly, pursuant to the specific authorization
of N.J.S.A. 40A:9-136 et seq., the Borough Council is enacting this
article to create that office and to implement the above-stated objectives.
[Amended 6-7-1999 by Ord. No. 15-99]
B.
Creation of office. The Office of Borough Administrator
of the Borough of Mendham, hereinafter referred to as the "Administrator,"
is hereby established and created.
C.
Appointment; term; qualifications. The Mayor, with
the advice and consent of the Borough Council, shall appoint a qualified
person to serve as the Administrator. The term of office of the Administrator
shall be to serve at the pleasure of the Borough Council. In addition
to any other rights or remedies of the Borough, the Administrator
may be removed pursuant to the provisions of N.J.S.A. 40A:9-138. A
person shall be qualified for the Office of the Administrator if,
by virtue of training, education or experience, or any combination
thereof, he or she is able to perform the duties of the office. A
person appointed to the office need not be a resident of the Borough.
E.
Absence or disability. During any period of absence
or disability of the Administrator, the Borough Council may by resolution
appoint a qualified person (including, without limitation, an elected
or appointed Borough official or employee) as Acting Administrator
to perform the duties of the Administrator during such period of absence
or disability. The Acting Administrator may be paid such compensation
as may be fixed and determined by the Borough Council in the resolution
appointing him or her.
F.
Duties and responsibilities. The Administrator shall
be the administrative and chief supervisory officer of the Borough
of Mendham. As such, he or she shall, in the manner and to the extent
directed from time to time by the Borough Council, administer the
business affairs of the Borough and have, to the fullest extent permitted
by law, administrative and supervisory authority over Borough programs,
departments, offices, boards, agencies and activities, including,
without limitation, the Department of Water Reclamation and Department
of Public Works. Without limitation of the foregoing, the Administrator
shall:
[Amended 11-13-2019 by Ord. No. 13-2019]
(1)
Keep the Mayor and Borough Council informed on matters
within his or her area of responsibility and submit written reports
as and when requested by the Borough Council.
(2)
Study, recommend, implement and enforce procedures
and policies of the Borough and its departments for receiving and
responding to communications, requests for information and citizen
and other complaints (the same specifically to include responsibility
for inquiring into, processing and dealing with such complaints).
(3)
Develop and promulgate (as, when and to the extent
necessary or desirable), for adoption by the Borough Council, sound
administrative, personnel and purchasing practices and procedures
for Borough programs, departments, offices, boards and agencies.
(4)
Study (as, when and to the extent necessary or desirable)
the operation of the government in the Borough and recommend changes
for the purpose of increasing efficiency, economy and effectiveness.
(5)
Attend public meetings of the Borough Council and
other meetings when so requested by the Mayor or the Borough Council.
(6)
Coordinate the operations, activities and administration
of the programs, departments, offices, boards, agencies and activities
of the Borough.
(7)
Prepare and submit the proposed operating budget annually
by requiring and receiving appropriation requests from heads of departments
and reviewing the same; transmitting a tentative budget and consulting
with the Borough Council with respect thereto; and submitting final
recommendations in the form required by law for municipal budgets
and appending thereto an analysis of the various items of expenditure
and revenue and such explanatory comment or statement as may be necessary
or desirable.
(8)
Prepare and submit the proposed annual capital budget.
(9)
Investigate, examine or inquire, as and when necessary
or desirable and in the manner and to the extent directed from time
to time by the Borough Council, into the affairs or operation of any
department, office, board or agency of the Borough government in connection
with the performance of his or her duties hereunder and also generally
to ensure the proper operation thereof.
(10)
Coordinate the purchasing of all supplies, services
and such other materials and equipment as directed by the Borough
Council, certify the receipt of the same, attend to submission of
proper vouchers for payment and review all disbursements therefor.
(11)
Perform such additional duties and functions as may
from time to time be designated or assigned by the Borough Council.
G.
Other office. Nothing herein shall prevent the Administrator
from holding any other elective or appointive Borough office, position
or employment.
A.
Term. The Clerk is appointed by the Borough Council
for a three-year term, commencing January 1 of the year in which he
or she is appointed (N.J.S.A. 40A:9-133). Tenure may be obtained under
N.J.S.A. 40A:9-133.7 and 40A:9-134.
[Amended 6-7-1999 by Ord. No. 15-99]
B.
General duties. The Clerk shall attend all meetings
of the Council, keep a correct record of all its proceedings, have
the power and authority to take and administer oaths and affirmations
in Borough matters and perform all the functions of municipal clerks
as specified by law. In addition, he or she shall perform such other
duties as the Council may require. (N.J.S.A. 40A:9-133)
C.
Records. In addition to recording ordinances and resolutions
of a permanent character, the Clerk shall have custody of and shall
safely keep all records, books and documents of the Borough, except
those committed by ordinance to any other office or transferred thereto
by the Mayor and Council. The Clerk shall, upon request and upon the
payment of the fees prescribed therefor by resolution of the Council
for the use of the Borough, furnish a certified copy of such paper
in his or her custody, under the Corporate Seal of the Borough. (N.J.S.A.
47:1A-2)
D.
Filing of rules, regulations. All rules or general
regulations made by any department, officer, agency or authority of
the municipality shall be filed with the Clerk. The Clerk shall maintain
a current compilation of all such rules and regulations, which shall
be available for public inspection in his or her office during business
hours.
E.
Seal. The Clerk shall cause the Corporate Seal of
the Borough to be affixed to instruments and writings when authorized
by ordinance or resolution of the Council, or when necessary to exemplify
any document on record in his or her office or to certify any act
or paper which, from the records in his or her office, shall appear
to have been a public act of the Borough or a public document. He
or she shall not affix said Seal or cause it to be affixed to any
other instrument or writing or other paper unless required by state
statute or ordinance of the Borough of Mendham. (N.J.S.A. 2A:82-14;
40A:9-133)
F.
Duties regarding sureties, bonds, leases; reports
required. The Clerk, subject to the supervision of the Mayor and Council,
shall:
(1)
Be the depository and custodian of all official surety
bonds furnished by or on account of any officer or employee, all insurance
policies upon or with respect to risks insured for the benefit of
the Borough or to protect it against any claim, demand or liability
whatsoever and all formal contracts for work, labor services, supplies
equipment and materials to which the municipality may be a party.
(N.J.S.A. 40A:5-34)
(2)
Be the depository for and have custody of all performance
bonds running to the Borough as obligee or any other form of security
given by any contractor, subdivision developer or other persons on
account of work done or to be done in or for the Borough.
(3)
Have custody of all leases of property owned by the
Borough.
(4)
Report to the Council, at such time as may be required,
on the coverage, premium and expiration date of each surety bond and
insurance contract and the terms of leases and their expiration dates.
G.
Additional duties. The Clerk shall also:
(1)
Administer the provisions of the Borough ordinances
with reference to the licensing of occupations and activities for
which licenses are required by law or ordinance to be obtained from
the Clerk.
(2)
Keep a calendar of all matters pending before the
Council.
(3)
Certificates regarding the approval of land subdivisions
which have been duly approved by the Planning Board, pursuant to N.J.S.A.
40:55D-56, may be issued by the Borough Clerk.
A.
Creation of office. The Office of Deputy Borough Clerk
be and the same is hereby created.
B.
Duties.
(1)
The Deputy Borough Clerk shall perform such administrative,
clerical and other duties as shall be assigned to said office by the
governing body of the Borough.
(2)
In the absence of the Borough Clerk or his or her
inability to serve, and for the specific period of such absence or
inability, the Deputy Clerk shall perform all powers and duties of
the Borough Clerk.
A.
Office created. There is hereby created the Office
of Borough Prosecutor, who shall be an attorney-at-law of the State
of New Jersey, appointed by the Mayor, with the advice and consent
of Council, for a term of one year.
B.
Retainer; compensation. The Borough Prosecutor shall
be paid a retainer as may from time to time be provided by ordinance
or resolution and, in addition thereto, shall be paid for additional
services performed by him or her as and when bills are presented to
and approved by the Borough Council.
C.
Duties. It shall be the duty of the Borough Prosecutor
to prosecute causes before the Municipal Court of the Borough of Mendham
and to represent the interests of the Borough of Mendham in the prosecution
of any appeal resulting from a conviction in the Municipal Court of
the Borough of Mendham unless otherwise directed by the Borough Council.[1]
[1]
Editor's Note: Former Subsection D, Civil
service laws exemption, which immediately followed this subsection,
was deleted 6-7-1999 by Ord. No. 15-99.
[Amended 11-13-2019 by Ord. No. 13-2019]
The Borough Treasurer shall oversee the custody
of the general funds of the Borough. The Borough Treasurer shall be
appointed by the Mayor with the advice and consent of the Council.
The term shall be one year and until a successor has been appointed
and qualified. (N.J.S.A. 40:46-6; 40:48-10; 40:87-15; 40:87-16; 40:87-60)[1]
[1]
Editor's Note: N.J.S.A. 40:46-6 was repealed by L. 1971, c.
200 (§ 40A:9-175), effective 7-1-1971. N.J.S.A. 40:48-10
was repealed by L. 1977, c. 396, § 11, effective 2-23-1978.
N.J.S.A. 40:87-15 and 40:87-16 were repealed by L. 1987, c. 379, § 1
(§ 40A:60-8), effective 1-1-1988. N.J.S.A. 40:87-60 was
repealed by L. 1971, c. 202, § 1, effective 7-1-1971.
The office of Deputy Treasurer is hereby created.
In the absence of the Borough Treasurer or during that person's inability
to serve, and for the specific period of such absence or inability,
the Deputy Treasurer perform all powers and duties of the Borough
Treasurer. The Deputy Treasurer shall perform such administrative,
clerical and other duties as may be assigned from time to time by
the Council or Borough Administrator. (N.J.S.A. 40:46-6; 40:87-15;
40:87-60)
A.
Term and general duties (N.J.S.A. 40A:9-141, 40A:9-142,
40A:9-145.7 and 40A:9-145.8).
(1)
The Tax Collector shall hold a Tax Collector certificate
and shall be appointed by the Mayor, with the advice and consent of
the Council. The term of office shall be for four years, beginning
on January 1 following his or her appointment. Tenure may be obtained
under the provisions of N.J.S.A. 40A:9-145.8.
[Amended 6-7-1999 by Ord. No. 15-99; 11-13-2019 by Ord. No. 13-2019]
(2)
The Tax Collector shall collect and hold all moneys
assessed or raised by taxes upon real and personal property within
the Borough.
(3)
The salary and compensation of the Tax Collector shall
be as the Council from time to time provides by ordinance or resolution.
B.
Additional duties.
(2)
Within 60 days of the end of the fiscal year or when
so required by Council, he or she shall submit a full report and true
statement of Borough finances from the beginning of his or her official
year, as well as a list of the delinquent taxpayers for the previous
year. Two copies of such report and list shall, at the required time,
be filed with the Clerk. Deposits of Borough funds and additional
reports to the governing body shall be made as required by law.
[Amended 6-7-1999 by Ord. No. 15-99]
The Office of Deputy Tax Collector is hereby
created. In the absence of the Borough Tax Collector or during that
person's inability to serve, and for the specific period of such absence
or inability, the Deputy Tax Collector shall perform all powers and
duties of the Borough Tax Collector. The Deputy Tax Collector shall
perform such administrative, clerical and other duties as may be assigned
from time to time by Council or by the Borough Administrator.[1]
[Amended 11-13-2019 by Ord. No. 13-2019]
The Borough Council is hereby authorized to name a further person
to act as an alternate deputy for each of the offices of Deputy Treasurer
and Deputy Tax Collector if the Deputy Treasurer or Deputy Tax Collector
is absent or otherwise unable to perform his or her respective powers
and duties.
[Amended 11-13-2019 by Ord. No. 13-2019]
The Deputy Treasurer, the Deputy Tax Collector
and any alternate deputy shall serve at the pleasure of the Borough
Council and shall receive such salary or other compensation as may
from time to time be fixed and determined by the Borough Council by
ordinance or resolution.[1]
A.
Term of office (N.J.S.A. 40A:9-146.3, 40A:9-148 and
40A9-148.1). The Tax Assessor shall hold a Tax Assessor certificate
and shall be appointed by the Mayor, with the advice and consent of
the Council. His or her term of office shall be for four years, beginning
on the July 1 following his or her appointment. Tenure may be obtained
as provided by law.
[Amended 6-7-1999 by Ord.
No. 15-99]
B.
Duties. The Tax Assessor shall:
(1)
Value all real and personal property in the Borough
for the purpose of assessment and taxation, in accordance with general
law and ordinances, and exercise all powers of a Municipal Assessor
pursuant to law.
(2)
Prepare the tax lists and duplicate as required by
law and maintain adequate assessment records of each parcel of real
property assessed or exempted.
[Amended 11-13-2019 by Ord. No. 13-2019]
(3)
Have custody of and maintain an up-to-date Borough
Tax Map and provide for the recording thereon of all changes in ownership
or character of property assessed.
[Added 2-6-1989 by Ord. No. 5-89; amended 6-7-1999 by Ord. No. 15-99]
The position of Chief Financial Officer is hereby
established. The Chief Financial Officer shall be appointed by the
Mayor, with the advice and consent of the Council, for a four-year
term. Any individual appointed as Chief Financial Officer shall be
qualified as a certified Municipal Financial Officer pursuant to the
terms and conditions of P.L. 1988, c. 110,[1] and must carry out the responsibility set forth under
P.L. 1947, c. 151[2] and N.J.S.A. 40A:9-140.1 et seq., as amended.
A.
Qualifications. To be eligible for appointment, the
appointee shall hold a degree in civil engineering from a recognized
college of engineering and be licensed in the State of New Jersey
as a professional engineer and licensed surveyor.
B.
Duties. The Borough Engineer shall perform the duties
as required by law and the ordinances of the Borough of Mendham.
C.
Appointment. The Borough Engineer shall be appointed
by the Mayor, with the advice and consent of the Council.
D.
Term. The appointment of the Borough Engineer shall
be for a term of three years.
[Amended 6-7-1999 by Ord. No. 15-99]
[Amended 2-22-1983 by Ord. No. 4-83; 11-13-2019 by Ord. No. 13-2019]
The Superintendent of Public Works shall hold a Public Works
Manager Certificate and shall be head of the Department of Public
Works and shall have general supervision of the care and maintenance
of the Borough roads, stormwater system, parks and open space and
public facilities. The Superintendent shall be appointed annually
by the Mayor, with the advice and consent of the Council, except that
any person holding the position continuously for five years or more
shall thereafter have tenure of office in that position, in accordance
with and subject to the terms of N.J.S.A. 40A:9-154.6.
[Amended 6-7-1999 by Ord. No. 15-99]
The Construction Official, designated the "Construction
Official" in the Uniform Construction Code, shall inspect the construction
and alteration of buildings and shall enforce requirements of the
Uniform Construction Code.[1] He or she shall be appointed by the Mayor, with the advice
and consent of the Council. The term shall be four years from January
1 of the year in which he or she is appointed and until his or her
successor has been appointed and qualified. (N.J.S.A. 52:27D-126)
Tenure may be obtained pursuant to N.J.S.A. 52:26D-126.
Designation to the Office of Zoning Officer shall be made by the Mayor, with the advice and consent of the Borough Council of the Borough of Mendham. The term of office shall be for one year, commencing on January 1 of the year in which appointed. Any vacancy in the office shall be filled by the Borough Council for the unexpired term only. The duties of the Zoning Officer are set forth in Chapter 215, Zoning. (N.J.S.A. 52:27D-126)
Appointive officials relative to the health regulations of the Borough are as set forth in Chapter 25, Health, Board of. Such provisions cover the appointment and the terms of office of a Sanitary Inspector and a Registrar of Vital Statistics and the designation by the Board of Health of a President and a Secretary. (N.J.S.A. 26:3-19)
The Borough Attorney shall be appointed by the
Mayor and Council for the term of one year from the first day of January
of the year of appointment and until a successor has been appointed
and qualified. He or she shall be an attorney-at-law of New Jersey
but need not be a resident of the Borough. (N.J.S.A. 40A:9-139)
A.
The Attorney shall have such powers and perform such
duties as are provided for this office by general law or the ordinances
of the Borough of Mendham. He or she shall represent the Borough on
all judicial and administrative proceedings in which the municipality
may be a party or have an interest and shall, at the direction of
the governing body, represent its elected and appointed officers,
departments and agencies in judicial and administrative proceedings
in which they shall be a party or have an interest. He or she shall
give all legal counsel and advice where required by the Council or
any member thereof and shall, in general, serve as the legal advisor
to the Council on all matters of Borough business.
B.
All services shall be on a fee basis as authorized
by the Mayor and Council. All invoices for legal services shall be
subject to Council approval.
All original copies of papers, documents, memoranda,
reports and all other materials relating to the administration of
the legal duties of the Attorney shall be and remain the property
of the Borough. Upon the termination of his or her services with the
Borough, the Attorney shall forthwith surrender to any successor all
such property at no cost, together with a written consent to the substitution
of any successor in all legal actions and proceedings then pending
to which the Borough is a party.
The Borough Council shall, from time to time
by resolution, designate a bonded official of the municipality to
make examinations of its records as to unpaid municipal liens and
to certify the results thereof. Said official, designated the "Tax
Search Officer," shall thereafter be vested with the power to make
official certificates of searches for municipal liens. The official
designated as the Tax Search Officer shall continue in that capacity
until a new resolution is passed by the Borough Council designating
a replacement, and no other official other than the Tax Search Officer
shall make any official certificate of municipal lien searches. (N.J.S.A.
54:5-11)
[Amended 6-7-1999 by Ord. No. 15-99]
A physician shall be appointed by the Mayor,
with the consent of the Borough Council, to be known as the "Police
Physician." He or she shall examine all members of the police force
and appointees to the force whenever required by the Public Safety
Committee and shall report, in writing, the result of such examinations,
with his or her opinion as to the physical fitness for police work
of the person examined. The Police Physician shall be called whenever
the services of a physician are required by the Police Department.
Compensation of the Police Physician shall be fixed by the Borough
Council. The Mayor may also appoint, with the consent of the Borough
Council, an alternate Police Physician.
[Amended 6-7-1999 by Ord. No. 15-99; 11-13-2019 by Ord. No. 13-2019]
The Superintendent of Water Reclamation shall be a licensed
operator and may be the "licensed operator" for the water reclamation
facility and/or the sewage collection system as defined by N.J.A.C.
7:10A. The Superintendent shall be the head of the Department and
shall have general supervision of the care and maintenance of the
Borough sewerage system. The Superintendent shall be appointed annually
by the Mayor, with the advice and consent of the Council.
[1]
Editor's Note: Former § 4-39, Term and compensation
of Sewer Clerk, as amended, was repealed 11-13-2019 by Ord. No. 13-2019.
There shall be such other appointive officers
as the Council may deem necessary. Such other positions shall be established
by ordinance, and such officer shall be appointed by the Mayor, with
the advice and consent of the Council. Terms shall be one year and
until their successors have been appointed and qualified. (N.J.S.A.
40A:9-156, 40A:60-5, 40A:60-6 and 40A:9-165)[1]
[Added 2-4-1975 by Ord. No. 1-75]
There is hereby created the Office of Payroll and Personnel Clerk, to be filled at the discretion of the Mayor and Council in the manner and for the term provided in § 4-40. The duties of the Payroll and Personnel Clerk shall be to maintain payroll and personnel records, to certify the payroll to the Borough Treasurer and to perform such other duties as may be assigned from time to time by the Borough Council or Borough Administrator.
[Added 1-20-1998 by Ord. No. 2-98]
A.
Public Defender; appointment. A Municipal Public Defender
shall be appointed by the Mayor, with the advice and consent of the
Council.
B.
Qualifications. The Municipal Public Defender shall
be qualified as an attorney-at-law of the State of New Jersey in good
standing and shall represent those defendants appearing in Municipal
Court who are determined by the Court to be indigent and whose representation
is assigned to the Municipal Public Defender by the Municipal Court.
C.
Term. The Municipal Public Defender shall be appointed
for a term of one year from the date of appointment and may continue
to serve in office pending reappointment or appointment of a successor.
D.
Compensation. The Municipal Public Defender shall
be paid his or her reasonable fees and charges.
E.
Application for representation by the Public Defender. A person applying for representation by the Municipal Public Defender shall pay an application fee as provided in Chapter 102, Fees. In accordance with P.L. 1997, c. 256[1] and guidelines promulgated by the Supreme Court, the Municipal
Court may waive any required application fee, in whole or in part,
only if the Court determines, in its discretion, upon a clear and
convincing showing by the applicant, that the application fee represents
an unreasonable burden on the person seeking representation. The Municipal
Court may permit a person to pay the application fee over a specific
period of time, not to exceed four months.
[1]
Editor's Note: See N.J.S.A. 2B:24-1 et seq.
G.
Establishment of fund. Funds collected from the application
fee shall be deposited in a dedicated fund administered by the Chief
Financial Officer of the Borough. The funds shall be used exclusively
to meet the costs incurred in providing the services of a Municipal
Public Defender, including, when required, expert and lay investigation
and testimony.
H.
Effective dates. The Municipal Public Defender, as required by P.L. 1997, c. 256, shall be appointed not later than March 22, 1998. The application fee set forth in Subsection E shall take effect as of the effective date of this section. In accordance with the provisions of P.L. 1997, c. 256, Section 6c,[3] the Borough shall not be required to pay for expert and
lay investigation or testimony prior to March 22, 1999.
[3]
Editor's Note: See N.J.S.A. 2B:24-6c.
[Added 2-3-2003 by Ord. No. 01-03]
A.
Creation of position. There is hereby created the
position of Local Historian of the Borough of Mendham, pursuant to
N.J.S.A. 40:10A-1 et seq., as amended from time to time. The Historian
shall be appointed by the Mayor, with the advice and consent of the
Borough Council. The Historian shall serve without compensation, at
the pleasure of the Borough Council, based upon the recommendation
of the Mayor.
B.
Powers and duties. The Historian shall have the following
powers and responsibilities:
(1)
To carry out a historical program, including but not
restricted to collecting, preserving and making available materials
relating to the history of the Borough of Mendham. The Local Historian
shall store such materials in such manner as to ensure their preservation
and shall notify the State Archivist, New Jersey Historical Commission,
County Historian and Borough Council of any materials which should
be acquired for preservation. Upon leaving the position, the Historian
shall turn over all materials and records and reports into the possession
of the successor, if then appointed, or to the Administrator until
a successor shall be appointed.
(2)
The Local Historian shall make an annual report to
the Administrator and Borough Council, stating all the work performed
and accomplished during that year. The Local Historian shall transmit
a copy of such report to the New Jersey Historical Commission. The
New Jersey Historical Commission may advise the Local Historian of
general guidelines along which the historian program may be implemented.
(3)
The Local Historian may research, write and cause
to have published a municipal history and may recommend appropriate
historical materials for publication.
(4)
The Local Historian may assist a landmark commission,
if any, as well as advise the Borough Council, concerning the acquisition,
administration, use and disposition of any landmark or historic site,
including such places in the Borough included on the New Jersey Register
of Historic Places. Such advice may be furnished to the historic sites
section, Department of Environmental Protection.
(5)
The Local Historian shall assist in projects of commemoration,
including the erection of monuments, historic markers and guide signs.
C.
Funds. There may be appropriated annually such sum
as may be determined by the Borough Council to be necessary to carry
out the functions of this office, including but not limited to employment
of clerical assistants.
